Akhtar

Rechy Monzon Sese and Emerson Ange-les 1 appeal the district court’s grant of summary judgment in favor of the Appel-lees. 2 Both are natives and citizens of the Philippines, and children of lawful permanent residents of the United States. Their parents filed petitions on their behalf to obtain permanent resident status. While they awaited visa processing, Sese and Angeles were granted V nonimmigrant visas that allowed them to reunite with their families in this country. Those visas were terminated shortly after they received them, on the day before their 21st birthdays. They now challenge the “age-out” provisions of the regulations promulgated by the INS, arguing that the provisions are contrary to Congress’s intent in enacting the underlying statute.

*1196 We reverse the District Court’s grant of summary judgment, and remand for further consideration.

I

A. Statutory and Regulatory Background

United States citizens and lawful permanent residents may file a visa petition on behalf of immediate relatives to obtain lawful permanent residency in the United States. The worldwide level of family-sponsored immigrants is limited to 480,000 per fiscal year. 8 U.S.C. § 1151 (c)(1)(A).…